59-1-1005.    Suits against commission and its employees.      (1)  A taxpayer may bring a civil suit against the commission for recovery of actualdamages and costs incurred by the taxpayer if:
      (a)  the commission or one of its employees intentionally or recklessly takes possession ofa taxpayer's property in disregard of its published procedures, laws, or rules; or
      (b)  otherwise intentionally or recklessly disregards published procedures, laws, or rules.
      (2)  An award of actual damages and court costs in a suit under this section may notexceed $100,000.
      (3)  If the court finds that the civil action brought by the taxpayer is frivolous, the courtmay impose a penalty of up to $10,000 against the taxpayer.
Amended by Chapter 9, 2001 General Session